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Delhi High Court - Orders

Abhinav Jindal Huf vs Income Tax Officer Ward 54 (1) Delhi And ... on 17 October, 2022

Author: Manmohan

Bench: Manmohan, Manmeet Pritam Singh Arora

                              $~A-4, 6, 24, 25 & 30
                              *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                              +     W.P.(C) 2698/2022 & CM APPL.7707/2022
                                    ABHINAV JINDAL HUF                                 ..... Petitioner
                                                      Through:   Mr.Kapil Goel, Advocate (through
                                                                 VC).

                                                      versus

                                    INCOME TAX OFFICER WARD 54 (1) DELHI AND ORS.
                                                                           ..... Respondents
                                                 Through: Mr.Sanjay   Kumar,      Sr.Standing
                                                          Counsel with Ms.Easha Kadian,
                                                          Advocate.

                              +     W.P.(C) 4809/2022 & CM APPLs.14376-14377/2022
                                    SUNSAT FOODS PRIVATE LIMITED                       ..... Petitioner
                                                      Through:   Mr.Salil Kapoor, Advocate with
                                                                 Ms.Ananya    Kapoor,    Mr.Tarun
                                                                 Chanana and Mr.Sumit Lalchandani,
                                                                 Advocates.
                                                      versus

                                    ASSISTANT COMMISSIONER OF INCOME TAX-CIRCLE 22(2),
                                    DELHI AND ANR                             ..... Respondents
                                                 Through: Mr.Sunil    Agarwal,       Sr.Standing
                                                          Counsel with Mr.Tushar Gupta,
                                                          Jr.Standing Counsel and Mr.Utkarsh
                                                          Tiwari, Advocate.

                              +     W.P.(C) 3151/2022 & CM APPL.9168/2022
                                    NANDITA SIKKA                                      ..... Petitioner
                                                      Through:   Mr.Kapil Goel, Advocate (Through
                                                                 VC).


Signature Not Verified
Digitally Signed By:JASWANT
SINGH RAWAT
Signing Date:18.10.2022
18:30:21
                                                    versus

                                   INCOME TAX OFFICER WARD 23 (3) DELHI AND ORS
                                                                            ..... Respondents
                                                Through: Mr.Ruchir   Bhatia,       Sr.Standing
                                                         Counsel.

                              +    W.P.(C) 3344/2022
                                   ATMA RAM SINGHANIA                               ..... Petitioner
                                                   Through:   Mr.Kapil Goel, Advocate (Through
                                                              VC).
                                                   versus

                                   ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE 22 (2)
                                   DELHI AND ORS                              ..... Respondents
                                                 Through: Mr.Puneet Rai, Sr.Standing Counsel
                                                          with Ms.Adeeba Mujahid, Jr.Standing
                                                          Counsel   and     Mr.Nikhil      Jain,
                                                          Advocate.

                                   +   W.P.(C) 6225/2022 & CM APPL.18715/2022
                                   PRASHANT SOFTWARES PVT. LTD                      ..... Petitioner
                                                   Through:   Ms.Priyadarshi Manish, Advocate
                                                              with Mrs.Anjali Jha Manish and Miss
                                                              Divya Rastogi, Advocates.
                                                   versus

                                  ADDITIONAL / JOINT / DEPUTY / ASSISTANT
                                  COMMISSIONER OF INCOME TAX & ANR.          ..... Respondents
                                                Through: Mr.Puneet Rai, Sr.Standing Counsel
                                                           with Ms.Adeeba Mujahid, Jr.Standing
                                                           Counsel   and   Mr.Nikhil      Jain,
                                                           Advocate.
                              CORAM:
                              HON'BLE MR. JUSTICE MANMOHAN
                              HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA



Signature Not Verified
Digitally Signed By:JASWANT
SINGH RAWAT
Signing Date:18.10.2022
18:30:21
                                                         ORDER

% 17.10.2022 Learned counsel for the petitioners submit that the only ground which the petitioners wish to urge in the present cases is that the approval has been obtained from an incompetent authority. In support of their submission, they rely upon nine judgments passed by the Bombay High Court. A compilation of judgments has been handed over to the Court.

In response to a pointed query, learned counsel for the petitioners admit that the impugned notices in question had been issued prior to or on 31st March, 2021.

Learned counsel for the respondents pray for some time to file a counter affidavit/supplementary affidavit. Let the needful be done within a further period of four weeks. Rejoinder affidavit, if any, be filed before the next date of hearing.

List on 17th April, 2023.

The interim orders are varied and it is directed that though the Assessing Officers are permitted to pass the assessment orders, yet the same shall not be given effect to and shall be subject to further orders to be passed by this Court.

MANMOHAN, J MANMEET PRITAM SINGH ARORA, J OCTOBER 17, 2022 TS Signature Not Verified Digitally Signed By:JASWANT SINGH RAWAT Signing Date:18.10.2022 18:30:21